Motsoaledi advocates for review and temporary withdrawal from two international agreements on refugee protection

When Minister of Home Affairs Aaron Motsoaledi announced the publication of the White Paper on Citizenship, Immigration and Refugee Protection for public comment on Sunday, he called for a complete overhaul of the migration system in South Africa. He further advocated for the country’s temporary withdrawal from international agreements on refugee protection.

The draft policy, which has been in the works for four years, is intended to provide a framework for the granting of residency and citizenship to foreigners, as well as for the protection of refugees and asylum seekers in South Africa. Cabinet approved the publication of the White Paper for public comment earlier this week.

Read more in Daily Maverick: Wholesale review of immigration regimen may see SA (temporarily) exit UN convention on refugees

“There have been consistent loud voices calling for effective policy measures and legislative interventions dealing with migration in South Africa. These voices grew louder as violent clashes between foreign nationals and citizens reared their ugly heads. Many groups for and many groups against migration are gaining momentum,” Motsoaledi said at a press briefing on Sunday.

The draft policy proposes that South Africa should review and withdraw from two international agreements on refugee protection: the 1951 United Nations Refugee Convention and the 1967 UN Protocol Relating to the Status of Refugees. According to Motsoaledi, when the South African government acceded to these agreements in 1996, it had not yet developed a clear policy on migration, including refugee protection.

As such, he said, South Africa did not make any of the reservations or exceptions permitted in terms of international law when it joined the agreements. These reservations would have allowed the country to limit the socioeconomic rights afforded to refugees within its borders.

“It is not surprising that South African courts developed jurisprudence regarding asylum and refugees, in the absence of reservations and exceptions, which is unfavourable to the interests of the government,” said Motsoaledi.

“The White Paper proposes that the government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol with a view to acceding to them with reservations like other countries.

“This White Paper proposal is not against the United Nations... We are saying that as a country, we need to press the reset button. It is us, not the United Nations, who in 1996… committed this error.”

Overhaul of citizenship, immigration and refugee policies

• The Citizenship Act 88 of 1995;


• The Immigration Act, which is act number 13 of 2002; and


• The Refugees Act 130 of 1998.

The minister of home affairs should be empowered to declare an asylum claim made by an asylum seeker invalid if that person travelled through an alternative country that could have offered protection before reaching South Africa.